The last two days I’ve posted on a thread concerning the statutory citizenships of those born in Puerto Rico. Gov. Fortuno’s name is being bandied about as a potential VP candidate, but he is not a natural born citizen.
As it exists today, Puerto Rico is an unincorporated territory of the U.S.A. and the Constitution does not fully enfranchise US citizens residing in Puerto Rico.
See: U.S. Department of State. Foreign Affairs Manual: Volume 7 Consular Affairs (7 FAM 1120) ,Acquisition of U.S. Nationality in U.S. Territories and Possessions., Pages 13.
Note: An unincorporated territory or outlying possession is a area over which the Constitution has not been expressly and fully extended by the Congress within the meaning of Article IV, Section 3 of the U.S.Constitution.
In other words, Puerto Ricans are U.S. citizens but not natural born citizens.
The Panama Canal Zone was an unincorporated territory. In 1901 the U.S. Supreme Court had ruled in Downes v. Bidwell that unincorporated territories are not the United States. On July 28, 1904, Controller of the Treasury Robert Tracewell stated: While the general spirit and purpose of the Constitution is applicable to the zone, that domain is not a part of the United States within the full meaning of the Constitution and laws of the country. Accordingly, the Supreme Court held in 1905 in Rasmussen v. United States that the full Constitution only applies for incorporated territories of the United States. Until the rulings in these so-called Insular Cases, children born of two U.S. citizens in the Canal Zone had been subject to the Naturalization Act of 1795, which granted statutory U.S. citizenship at birth. With the ruling of 1905 persons born in the Canal Zone only became U.S. nationals, not citizens. This no mans land with regard to U.S. citizenship was perpetuated until Congress passed legislation in 1937, which corrected this deficiency. The law is now codified under title 8 section 1403. It not only grants statutory and declaratory born citizenship to those born in the Canal Zone after February 26, 1904, with at least one U.S. citizen parent, but also did so retroactively for all children born of at least one U.S. citizen in the Canal Zone before the laws enactment.
Statutory citizenship requires a legal statute to determine citizenship. Natural born citizenship does not require a statute as it is natural law.
The Senate tried to change the U.S. Constitution via a Senate Resolution. The place is full of lawyers and all of them knew what they were doing was illegal, as the Constitution can only be changed or altered by the amendment process, period!
Furthermore, McCain wasn’t even born in the PCZ he was born at the public hospital in Colon about 2km away from the Zone. The Naval hospital wasn’t built until a few years later.